Billal Hussain v. The State of Assam

ORDER Date : 05-06-2024 Heard Mr. M.A Seikh, learned counsel for the petitioner and Mr. B Sarma, learned Addl. PP, Assam appearing for the state respondent. This application under section 439 of the Code of Criminal Procedure, 1973 is preferred by accused, namely, Billal Hussain who was arrested on 24.04.2024 in connection with Kamrup (M) Cyber PS case No.09/2023 under section 509 IPC read with section 67(a)/67(b) of Page No.# 2/2 Information Technology Act, 2000. The Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Investigation is almost over and the accused has been thoroughly interrogated by the investigating agency. The learned Counsel for the petitioner further submits that the petitioner is in custody since 24.04.2024 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail. Learned Additional Public prosecutor for the state has seriously opposed the application and submitted that there are incriminating materials against the petitioner in the case diary. Having gone through the case diary produced by the learned Addl. P.P., this Court finds that there are sufficient materials in the case diary implicating the accused in his role in the commission of offence. Considering the stage of the investigation and on the basis of the materials collected so far, the petitioner has failed to make out a case for granting him bail. This Court is also of the view that the stage of the investigation do not warrant grant of bail to the petitioner and as such, this bail application stands rejected. In terms of the above, this bail application stands dismissed. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010099002024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1446/2024 BILLAL HUSSAIN S/O MANAHAR ALI R/O VILL- NO. 2 THEKERABARI P.O. DHULA P.S. DHULA DIST. DARRANG, ASSAM PIN-784146 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M A SHEIKH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY